- 1 - HC-KAR NC: 2025:KHC:44541 WP No. 17598 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 17598 OF 2025 (CS-EL/M) BETWEEN: 1. MYSORE DISTRICT SCHOOL TEACHERS HOUSE BUILDING CO OPERATIVE SOCIETY C.A. NO.6, VIVEKANANDA BLOCK, DR. S. RADHAKRISHNAN NAGARA TEACHERS COLONY, MYSORE 570029 REPTD BY ITS CEO REG UNDER SOCIETIES REGISTRATION ACT 1959 2. N.S. CHIKKEGOWDA, S/O. SANNEGOWDA, AGED ABOUT 73 YEARS, DELEGATE/PRESIDENT OF MYSORE HOUSE BUILDING CO-OPERATIVE SOCIETY, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE BUILDING, N.R. MOHALLA, MYSORE 570007., THE 2ND PETITIONER IS NOT CLAIMING ANY BENEFITS OF BEING A SENIOR CITIZEN. AMENDMENT/CORRECTION IS MADE VIDE ORDER DATED 19.06.2025 …PETITIONERS (BY SRI. S B TOTAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHINAGAR, TTMC, Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44541 WP No. 17598 of 2025 'A' BLOCK, K.H.ROAD, SHANTHINAGARA, B'LRE - 027, RPTD BY ITS COMMISSIONER 3. DEPUTY COMMISSIONER/ELECTION OFFICER MYSORE DISTRICT MYSORE 570001 4. RETURNING OFFICER, MYSORE AND CHAMARAJANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK, LTD., NEHRU CIRCLE, ASHOKA ROAD MYSORE - 570 001. 5. MYSORE AND CHAMARAJANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK, LTD., NEHRU CIRCLE, ASHOKA ROAD, MYSORE-570001 REPRESENTED BY ITS CEO/SECRETARY, (RESPONDENT NO.5 IS REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1, 3 & 4 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO 5 TO ACCEPT THE DELEGATION FROM OF PETITIONERS AND PERMIT THE 2ND PETITIONER TO CASTE HIS VOTE IN THE ELECTION SCHEDULED TO BE HELD ON 26.06.2025 TO THIS R5 DCC BANK AS PER ANNEXURE-B AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2025:KHC:44541 WP No. 17598 of 2025 ORAL ORDER Heard Sri. SB Totad, learned counsel for the petitioners and Sri. Yoesh D Naik, learned Additional Government Advocate for respondents Nos.1, 3 and 4, Sri. TL Kiran Kumar, learned counsel for respondent No.2, Sri. K Ananda, learned counsel of respondent No.5. Perused the materials on record. 2. Petitioner No.2 being the member and delegate of petitioner No.1 - Society, has approached this Court seeking issuance of writ in the nature of mandamus directing respondent Nos.2 to 5 to accept the delegation form of the petitioner and permit petitioner No.2 to cast his vote in the election to respondent No.5 - DCC Bank that was scheduled to be held on 26.06.2025 produced as per Annexure-B. 3. The election for the Society was held on 26.06.2025. As per the interim order, petitioner No.2 was permitted to cast the vote in the election that was held on 26.06.2025, subject to the final outcome of the petition. It is ordered that the petitioners shall not claim any equities in this - 4 - HC-KAR NC: 2025:KHC:44541 WP No. 17598 of 2025 regard. Pursuant to the interim order, petitioner No.2 has exercised his right and cast vote. 4. Since the petitioners are challenging Annexure-B, they will have the alternative remedy to raise the dispute under Section 70 of the Karnataka Co-operative Societies Act (for short, 'the KCS Act') before the appropriate authority. Under such circumstances, nothing is required to be considered by this Court bypassing Section 70 of the KCS Act. 5. Hence, the petition is disposed off, reserving liberty to the petitioners to approach the appropriate authority, raising dispute under Section 70 of the KCS Act, within ten days from the date of receipt of the copy of this order. The Returning Officer-Respondent No.4 is directed to declare the election result without counting the vote cast by petitioner No.2. SD/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 3